Keshkashan Hasan v. State (Govt Of NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2479/2016 KESHKASHAN HASAN ..... Petitioner Through:

Mr.Aditya Aggarwal, Adv. with Mr.Farah Lashrai, proxy counsel versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through:

Mr.Kewal Singh Ahuja, APP for State

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 02.12.2016 CRL.M.A.18851/2016 Exemption granted, subject to all just exceptions. Application stands disposed of.

BAIL APPLN. 2479/2016 This is an application under Section 439 Cr.P.C. filed on behalf of the petitioner seeking grant of regular bail in case FIR No.666/2016, under Sections 394/397/34 IPC & Section 25/27 of the Arms Act, 1959, registered at Police Station-Sarai Rohilla, Delhi.

Counsel for the petitioner has submitted that the petitioner is a pregnant lady and arrested in FIR No.666/2016, under Sections 394/397/34 IPC & Section 25/27 of the Arms Act, 1959. He has further submitted that it is an admitted fact that nothing was found in the possession of the petitioner. Counsel further submits that the petitioner is in judicial custody since 29th October, 2016 and is no longer required for further investigation in any other

matter or in the present case. He has further submitted that no purpose will be served if the petitioner is kept for further period in judicial custody in the instant case and prays that the petitioner be released on regular bail. Learned APP for the State has vehemently opposed the bail application and submitted that the petitioner was a facilitator as well as main conspirator at the time when incident had taken place. It is an admitted case of both the parties that the petitioner right now is in judicial custody since 29th October, 2016 therefore no further investigation is required.

Since the petitioner is stated to be pregnant and is in judicial custody since 29th October, 2016 and is no longer required for further investigation of the case, consequently, the petitioner is granted bail on her furnishing a bail bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the concerned Court below with the condition that she should not influence the prosecution witnesses; she shall not tamper the prosecution evidence and she should not leave India without prior permission of the Court below.

The present bail application is disposed of accordingly. However, this order shall not affect the merit of the case. Copy of the order be given dasti under the signatures of the Court Master.

I.S.MEHTA, J DECEMBER 02, 2016/radhika